If you are considering hiring one of the many family lawyers in Parramatta, then you are undoubtedly going through a very stressful time in your life. The breakdown of a long-term relationship is always tough for all parties involved, and it gets even tougher when there are legal questions that need to be answered before you can move on with your life.
Issues like the division of marital assets and child custody are notoriously difficult to resolve even when both parties are able to engage in a mature and cordial manner. In this kind of situation, everyone wants to get away with as much as possible since nobody wants to feel like they walked away from the marriage with less than they are entitled to.
This is why family lawyers in Parramatta are so important – they help people going through a marriage breakdown to understand their rights and fight for what they are entitled to. When both parties have engaged a good solicitor, it has the potential to stretch or shorten the dispute depending on what is desired.
The following will list a few concepts you should be aware of when hiring family lawyers in Parramatta.
1. No-fault divorce
One of the key things to understand about divorce proceedings in Australia is the legal concept of ‘no-fault’ divorce. It’s important that you understand this when engaging family lawyers in Parramatta so that you know what type of legal arguments you can bring to bear in the prosecution of your case.
No-fault divorce means that no party can be held more responsible for the divorce than the other – it is a mutual decision. This concept is in place to prevent one party from having an inherent advantage over the other in court.
For example, if the divorce was prompted by one party’s infidelity, then that could not be used as an argument against them. This ensures that the separation of marital assets and child custody is not influenced by factors that the court does not find the be relevant.
2. The best interests of the child
Another important thing to know about when you are engaging family lawyers in Parramatta is that the court system is bound to pursue the best interests of the child. This means that parenting arrangements for child custody need to be based primarily on what is most beneficial for the children and not what the parent prefers.
For example, if one partner did not want their children to have a relationship with the other party, then it would not hold any weight since unless there is evidence of abuse/neglect. In most cases, the court recognises that it’s important for a child to have a relationship with both parents.
Because children are often the unfortunate victims caught in the crossfire of a divorce, the best family lawyers in Parramatta will be those who seek the protect the best interests of the child. This is normally easy since both parents while disagreeing on many things, will normally agree that the welfare of the children is important.
3. Most cases are dealt with via private negotiation
Contrary to popular belief, most cases that the family lawyers in Parramatta deal with are settled out of the courtroom via private negotiation. Going to court is expensive, time-consuming, and stressful for everyone, so it’s always preferred for parties to settle the matter via their own private negotiation.
As you can see, there are some key concepts that you should be aware of before you engage family lawyers in Parramatta. Understanding these concepts will help speed up the process and help you get the ideal result.